Proving negligence is necessary if you want to successfully settle your DUI accident case. However, in order to prove that the drunk driver was indeed negligent, four elements must be established:
- Duty. Every driver has a duty to drive carefully and obey all traffic laws.
- Breach of Duty. For negligence to occur, the duty mentioned above must have been breached by the responsible driver.
- Causation. It must be proven that the drunk driver’s breach of duty directly caused your injuries and other damages.
- Damages. Finally, it must be proven through medical records, damage claims, etc. that you have suffered direct losses due to the accident.
Continue reading to learn more about these four elements and how they can play into the success or failure of your DUI accident case.